Editor’s note:
Thomas Terraz is a fourth year LL.B. candidate at the International and
European Law programme at The Hague University of Applied Sciences with a specialisation
in European Law. Currently he is pursuing an internship at the T.M.C. Asser
Institute with a focus on International and European Sports Law.
1. Introduction
The UCI may soon have to navigate treacherous legal
waters after being the subject of two competition law based complaints (see here and here) to the European Commission in less than a month over rule changes and
decisions made over the past year. One of these complaints stems from Velon, a private
limited company owned by 11 out of the
18 World Tour Teams,[1]
and the other comes from the Lega del Ciclismo Professionistico, an entity
based in Italy representing an amalgamation of stakeholders in Italian
professional cycling. While each of the complaints differ on the actual
substance, the essence is the same: both are challenging the way the UCI exercises
its regulatory power over cycling because of a growing sense
that the UCI is impeding the development of cycling as a sport. Albeit in different ways: Velon sees the UCI infringing on its ability
to introduce new race structures and technologies; the Lega del Ciclismo
Professionistico believes the UCI is cutting opportunities for
semi-professional cycling teams, the middle ground between the World Tour Teams
and the amateur teams.
While some of the details remain vague, this blog
will aim to unpack part of the claims made by Velon in light of previous case
law from both the European Commission and the Court of Justice of the European
Union (CJEU) to give a preliminary overview of the main legal issues at stake
and some of the potential outcomes of the complaint. First, it will be crucial
to understand just who/what Velon is before analyzing the substance of Velon’s
complaint. More...